REQUEST FOR PROPOSALS CONSTRUCTION … CM RFP - 2.12... · The City of Burlington, Burlington...

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REQUEST FOR PROPOSALS

CONSTRUCTION MANAGER AT RISK

for

CITY OF BURLINGTON,

BURLINGTON INTERNATIONAL AIRPORT

RENTAL CAR QUICK TURNAROUND FACILITY

INTRODUCTION

The City of Burlington, Burlington International Airport (City) is soliciting Proposals for Construction

Management (CM) services consisting of developing a Guaranteed Maximum Price (GMP) and

construction of a Rental Car Quick Turnaround (QTA) facility at the Burlington International Airport.

PROJECT DESCRIPTION

This project generally consists of constructing a Rental Car Quick Turnaround facility at the

Burlington International Airport in South Burlington, Vermont. The new facility will include a single

QTA building and fueling area to be shared by multiple rental car operators/brands. The QTA will

have 12 fueling positions at 6 dispensers under a canopy. A new 20,000 gallon underground gasoline

storage tank will be installed on the westerly side of the site. The fueling island with canopy will be

adjacent to a new 11,665 square foot standalone single story building housing a car wash, maintenance

bays, administrative offices, and support space. The overall project area covers approximately 3 acres.

The southerly portion of the site is presently used as a rental car washing/fueling/maintenance facility,

while the northerly portion is used by the Airport for employee vehicle parking and taxi queueing.

This existing rental car facility must remain operational until the new QTA facility is completed. In

addition to all work required for the new QTA building and fueling system, the project also includes

site demolition work; removal of existing underground fuel storage tanks; new bituminous concrete

pavement parking lot and access roads; curbing; fencing and gates; site lighting; signage; pavement

markings; drainage improvements including infiltration systems; erosion prevention and sediment

control; site restoration; off-site landscape; and ancillary appurtenances. The site housing the old

underground storage tanks is currently subject to a Site Management Activity Completed (SMAC)

designation letter, which requires certain notices be provided to the State’s Agency of Natural

Resources, Department of Environmental Conservation, Waste Management and Prevention Division,

Sites Management Section (State) prior to conducting subsurface work. The City has already notified

the State of the impending subsurface work and construction of the QTA facility and the State has

approved both the subsurface work and project.

A bidder list will be maintained by Stantec Consulting Services Inc., and the list, along with any addenda,

will be posted to the project FTP site. All requests for information regarding this project shall be made

via email to [email protected] (subject line: BTV: Rental Car Quick Turnaround (QTA) facility).

Potential Bidders should access the ftp site on a daily basis to be aware of any new data that may be

added to the ftp site. Potential bidders shall not, for any reason, provide the access data to any other

person or entity.

The construction cost is estimated at $5 M.

mailto:[email protected]

Burlington International Airport Request for Proposal

Rental Car Quick Turnaround Facility February 2018

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Schedule

February 21, 2018 Pre-Submittal Conference (10:00 am)

February 23, 2018 Any questions submitted (via email) (4:00 pm)

February 28, 2018 All questions answered and posted to City’s website

March 6, 2018 Receive proposals from Respondents (2:00 pm)

March 8/9, 2018 Interviews with Respondents

March 14, 2018 Select CM; CM develops GMP

April 10, 2018 CM submits GMP

April 17, 2018 GMP approved or rejected by City

April 30, 2018 Notice to Proceed for Construction

May 31, 2019 Complete Construction

The selected CM will function as a General Contractor responsible for publicly bidding trade contracts

in accordance with City policies, all scheduling and coordination of the project, and the successful,

timely, and economical completion of the project. The selected CM will also be responsible for

applying for and procuring any necessary federal, state or local permits and ensuring that the project

comports with the SMAC letter requirements. The selected CM will provide preconstruction and

construction services and will be responsible for constructing the facility pursuant to a contractually

agreed upon GMP. The CM’s fee will be based on a percentage of the project construction costs.

A. INSTRUCTIONS TO RESPONDENTS

1. A Pre-Submittal Conference will be conducted on Tuesday, February 21, 2018, at 10:00 AM

at the Burlington International Airport Terminal Building, second floor, Conference Room 3.

A site visit will follow this meeting.

2. Respondents (also hereinafter Proposers) desiring to provide services, as described herein,

shall submit their proposal for this RFP in a sealed envelope with one (1) original (clearly

marked) and three (3) copies (a total of four (4) copies). The proposal file shall also be

submitted electronically on one (1) USB flash drive (Thumb drive). Proposals must be

received no later than 2:00 PM, local time, Monday, March 6, 2018, to the attention of:

Gene Richards, III, Director of Aviation

Burlington International Airport

1200 Airport Drive, #1

South Burlington, VT 05403



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3. Respondents must indicate on their proposal envelope the following:

CM at Risk for Rental Car Quick Turnaround Facility Date of Submittal Name of Respondent

Return Address of Respondent

4. The time and date for receipt of responses will be scrupulously observed. The respondent shall

assume full responsibility for timely delivery at the location designated for receipt of responses.

The time/date notation made by City personnel shall serve as the official authority to determine

timeliness of the proposal.

5. All proposals will be opened and reviewed March 6, 2018 by the City. Responses received

after the specified time and date shall be returned unopened.

6. Respondents are instructed not to email or fax their response. Emailed or faxed responses will

be rejected as non-responsive.

7. Questions concerning this Request for Proposal must be directed in writing no later than 4:00

PM, Thursday, February 23, 2018, to:

Stantec Consulting Services Inc. at [email protected]. Include "CM-at-Risk RFP for

BTV Rental Car QTA Facility " in the subject line of the email.

8. No oral interpretation of this RFP shall be considered binding. The City will be bound by

information and statements only when such statements are written and executed under the

authority of the City. Any interpretation, clarification, correction, or change to this RFP will

be made only by Addendum. Written instructions regarding discrepancies, omissions or unclear

intents will be sent to all Proposers' who have received the RFP from the City and posted to the

City’s website. Interpretations, corrections, or changes made in any other manner will not be

binding, and Proposers shall not rely upon such interpretations, corrections or changes.

9. The Proposer shall acknowledge receipt of all Addenda by completing the acknowledgment

space provided on the Proposal Certification Form.

B. TERMS AND CONDITIONS

1. The successful Proposer shall enter into an Agreement with the City of Burlington, Burlington

International Airport that is subject to the City of Burlington’s Standard Contract Provisions in

substantially the same form as attached hereto as Attachment A, and final approval by the

Office of the City Attorney. Each Respondent, by making his or her proposal, represents that

it can comport with the standard contract provisions as delineated in Attachment A.

2. Any and all records submitted to the City, whether electronic, paper, or otherwise recorded, are

subject to the Vermont Public Records Act. The determination of how those records must be




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handled is solely within the purview of the City. All records considered to be trade secrets, as

that term is defined by subsection 317(c)(9) of the Vermont Public Records Act, shall be

identified, as shall all other records considered to be exempt under the Act. It is not sufficient

to merely state generally that a document or record is proprietary, a trade secret, or otherwise

exempt. Particular records, pages or sections that are believed to be exempt must be specifically

identified as such and must be separated from other records with a convincing explanation and

rationale sufficient to justify each exemption from release consistent with Section 317 of Title

1 of the Vermont Statutes Annotated.

3. Rejection of Proposals - The City reserves the right to reject any and all Proposals, and/or to

re-advertise, to waive any irregularities, informalities or technicalities therein, to negotiate

Contract terms with the successful Proposer, to disregard all non-conforming, non-responsive,

unbalanced or conditional Proposals, or to accept any Proposal which in the City’s sole

judgment will best serve the public interest.

4. The City reserves the right to cancel the award of any Contract at any time before the execution

of said Contract by all parties without any liability against the City. The Proposer, by submitting

his or her Proposal, expressly waives any claim to damages, of any kind whatsoever, in the

event the City exercises its rights provided for in this subsection.

5. The City reserves the right to request clarification on information submitted from one or more

respondents after the deadline for receipt of responses.

6. Any response may be withdrawn until the date and time set forth above for the submission of

the responses.

7. Costs of preparation of a response to the RFP are solely those of the Respondent and the City

assumes no responsibility for any such costs incurred by the Respondent.

8. The Respondent understands that the RFP does not constitute an agreement or contract with

the Respondent, and no contract rights or remedies shall be deemed to have accrued to

Respondent herewith.

9. Any Respondent who submits in its Proposal any information that is determined by the City of

Burlington, in its sole opinion, to be substantially inaccurate, misleading, exaggerated, or

incorrect may be disqualified from consideration.

10. Failure of any Respondent to comply with this RFP may render the response non-responsive

and ineligible from further consideration.

11. The Respondent warrants that they have not employed or retained any company or person, to

solicit or secure this Contract where the Respondent has agreed to pay a fee, commission,

percentage, gift or other consideration contingent upon or resulting from the award of this

Contract.



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12. The Construction Manager and its subcontractors of any tier regulated by City of Burlington

or the State of Vermont shall be properly qualified and licensed/certified by the appropriate

Licensing Board prior to the issuance of the Notice to Proceed for the construction phase. Any

Proposal which is submitted by a contractor, who is not properly licensed/certified at the time

the Proposal is submitted, will be rejected as non-responsive.

13. The Construction Manager, subcontractors of any tier, and specialty contractors must have a

valid occupational license.

14. Disadvantaged Business Enterprise Participation

a. Respondent agrees to assure that Disadvantaged Business Enterprises (DBEs), as

defined in 49 CFR Part 26, have the maximum opportunity to participate in the

performance of contracts and subcontracts financed in whole or in part with Federal

funds and to participate in the Burlington International Airport’s DBE Program, which

can be requested from the Burlington International Airport’s DBE Coordinator Nicolas

Longo at [email protected]. It is the policy of the Burlington International Airport that

DBEs shall have the maximum practicable opportunity to participate in the performance

of contracts and the DBE requirements of 49 CFR Part 26 shall apply to the Contract

awarded in response to this RFP.

b. The DBE participation goal for this project is a minimum of 3% of the GMP. By

responding to the RFP, the successful Proposer shall be required to achieve the DBE

goal or demonstrate good faith efforts to achieve the DBE goal. The successful Proposer

(selected CM) willl be required to submit the following DBE Schedules with the GMP

proposal:

(1) Schedule 1 – List of Proposed DBE Firms. Schedule 1 shall contain the required

information for all DBE firms participating in the Contract (including DBE

firms acting as the prime contractor, subcontractors, manufacturers and

suppliers).

(2) Schedule 2 - Letter of Intent to Perform as a Disadvantaged Business

Enterprise. A Schedule 2 must be submitted for each DBE firm listed on

Schedule 1. Schedule 2 must be completely filled out and signed by the proposed

DBE firm. The amounts listed on Schedule 1for each DBE firm must be

supported by the price included on Schedule 2 in order to be counted toward

attainment of the DBE goal.

(3) Schedule 3 - Demonstration of Good Faith Efforts to Achieve DBE Goal. The

successful Proposer shall indicate how it intends to satisfy the requirements

of the RFP related to DBE participation on Schedule 3. If the DBE goal is not

achieved, successful Proposer shall submit written evidence of good faith efforts




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(as provided in Schedule 3) by showing that it took all necessary and reasonable

steps to achieve the DBE goal even if the successful Proposer was not fully

successful. Examples of good faith efforts can be found in Appendix A to 49

CFR Part 26.

(4) Schedule 4 – Bidders and Subcontractor's Information. Schedule 4 must include

the required information for the prime contractor and all subcontractors.

c. By responding to this RFP, Respondents acknowledge and agree that the GMP may be

rejected by the City based upon the successful Proposer's failure to submit the required

DBE Schedules or to demonstrate good faith efforts to achieve the DBE goal if the

successful Proposer is unable to achieve the DBE goal. Blank Schedules may be

requested from the City prior to submitting a response to this RFP

d. Only those firms certified as DBEs by the State of Vermont shall be counted toward the

established DBE goal. It is the responsibility of the successful Proposer to confirm the

certification of any proposed DBE.

e. The successful Proposer shall be required to submit regular progress reports, in a form

and substance as required by the City, related to DBE goal and other affirmative action

efforts. Progress reports shall be completed and submitted with each payment request

or application for payment. Failure to provide the required progress reports as instructed

may result in a delay in processing payment or disapproval of the invoice until the

progress report is submitted, as required. The successful Proposer shall provide any

additional information requested by the City to substantiate DBE participation,

including but not limited to the written subcontract or agreement with any DBE firm

for the work relative to the Contract.

f. The successful Proposer shall be responsible for ensuring that work committed to a

DBE firm as a part of the Contract is actually performed by the DBE firm and shall

notify the City in the event work committed to the DBE firm is actually performed by

a non-DBE subcontractor.

g. DBE Substitution / Termination

(1) The successful Proposer shall not be permitted to terminate a DBE subcontractor

listed in Schedule 1, List of Proposed DBE Firms, without the City’s prior

written consent. This includes, but is not limited to, instances in which the

successful Proposer seeks to perform work originally designated for a DBE

subcontractor with its own forces or those of an affiliate, a non-DBE firm or

with another DBE firm.



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(2) Before transmitting a request to terminate and/or substitute a DBE subcontractor,

the successful Proposer will be required to give notice in writing to the DBE

subcontractor, with a copy to the City, of its intent to request approval to

terminate and/or substitute the DBE subcontractor, and the reason for the

request. The successful Proposer must give the DBE subcontractor five (5) days

to: (i) respond to the notice; and (ii) advise the City and the successful Proposer

of the reasons, if any, why it objects to the proposed termination of its

subcontract and why the City should not approve the successful Proposer's

action.

1. Questions pertaining to the Disadvantaged Business Enterprise Program should be

directed to Nic Longo ([email protected]), Deputy Director of Aviation, Burlington

International Airport, who serves as the Burlington International Airport’s DBE

Coordinator.

15. Bond and Insurance Requirements

a. Within 5 days of City's acceptance of Guaranteed Maximum Price, the Construction

Manager shall furnish to City, on forms provided by City the following:

1. Public Construction Bond in the Amount of 100% of the GMP Price.

2. Form of Guarantee

Such Public Construction Bond shall incorporate by reference all of the terms and

conditions of the Contract Documents, including but not limited to the Construction

Manager and Surety's obligation for liquidated damages as well as Surety's

acknowledgment regarding any and all provisions addressing or regarding "no damages

for delay", as provided for in the General Conditions.

b. The Surety Company, in addition to the above requirements, shall be currently listed

with the United States Department of Treasury for an amount greater than the contract

amount.

c. The Construction Manager shall require the attorney-in-fact who executes the required

bonds on behalf of the Surety to affix thereto a certified and current copy of his Power

of Attorney.

d. If Construction Manager obtains bonds from any Subcontractor, the City of Burlington

shall be named as additional oblige.

e. Insurance Requirements - The Construction Manager shall furnish to the City

certificates of insurance evidencing the existence of current valid, and binding

insurance policies for the limits and coverage in accordance with the requirements

delineated in Attachment A, where such insurance is to be provided by Construction



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Manager, or as otherwise modified within the Contract Documents, together with a

declaration of deductible amounts applicable to each type of insurance provided,

acceptable to City.

C. PROPOSAL SUBMITTAL REQUIREMENTS

1. The contents of the proposal submitted by the successful Respondent shall become part of the

contractual obligations.

2. It shall be understood that it is the intent of the City to insist that those indicated as a part of

the Construction Manager's team actually execute the project and that the Project Manager for

the Construction Manager be continually involved with the project during the pre-construction

and construction phases unless agreed to the contrary in writing by City, or their employment

with Construction Manager is terminated.

3. Respondents must submit the following required information. Failure to submit and completely

fill out any required forms may result in the rejection of the proposal.

a. Statement of the CM firm’s Qualifications.

b. Approach to successfully completing this project on time and within budget. This

includes project phasing to minimize impacts on existing BTV, FAA, Rental Car

operations, and utilities; proposed use of CM firm’s own staff/equipment and use of

subcontractors; management practices to ensure continuous, effective coordination and

communication with all stakeholders; method used to process Shop Drawings

submittal; method used monitor and report project schedule and budget status; use of

independent testing services for Quality Control/Quality Assurance; method for

monitoring and controlling on-site daily work.

c. CM firm’s estimated construction cost for the QTA facility based on review of the

available design plans and specifications referenced in this RFP.

d. The percentage number (e.g. xx.x%) of the construction cost to be used by the CM firm

to calculate their fee for proposed services.

e. Letter of intent from a Surety Company indicating the applicant's bond ability for this

contract. The surety shall acknowledge that the firm can be bonded for projects, with a

potential construction cost of $5 Million. The surety company shall be currently listed

with the United States Treasury for an amount greater than $5 Million.

f. Proposal Certification Form.

g. Related Experience: List the projects which best illustrate the experience of the firm

and staff which will be assigned to this project. List no more than ten (10) projects



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which exceed $3 Million in cost that were completed in the past 5 years. Provide the

following information for each project listed:

1. Name and location of the project.

2. The nature of the firm's responsibility on this project including project delivery

method.

3. Provide the name, address, phone number, and e-mail address of an City's

representative and architect's representative who can be contacted to provide a

reference. Please ensure that the contact/reference check information provided

for each past project is current and relates to the past performance of your

firm. Inaccurate contact information for references (i.e., person no longer

works for the firm/agency, person does not know your proposed PM, etc.)

hinders the submittal review process; the sole responsibility of the providing

accurate information lies with the

proposing firm.

4. Size of project (square footage of project, complexity, etc.).

5. Construction cost.

6. Present status of the project; Date project was completed or is anticipated to be

completed.

7. Key professionals involved on listed project who would be assigned to this

project.

h. Construction Services Staff: Provide an organizational chart and resumes of the key

on-site staff which may be assigned under this contract including, but not limited to:

1. Name and title.

2. Current project assignments and percentage of time for each.

3. How many years with this firm? Other firms?

4. Experience: Types of projects, size of projects (dollar value & square footage

of project), and job assignment.

5. Education and Registrations.

6. Other experience and qualifications that are relevant to this project.

i. Project Management Services:

1. Describe the capabilities of your firm to provide the technical services required

for: Design reviews, budget estimating, value engineering, constructability

analysis, construction scheduling, quality control (design and construction), cost

control, claims management, and project close-out.

j. Location of Offices:

1. Provide address of each office from which staff may be assigned to this

project, and list total number of employees by job function.



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k. Claims and Litigation History

1. List all claims, arbitrations, administrative hearings, lawsuits or criminal

proceedings brought by or against firm during the last five (5) years. The list

shall include the name of the project over which the dispute arose; and a

description of the amount in dispute and the subject matter of the dispute.

D. SELECTION PROCESS

1. The purpose of the rating procedures is to equitably judge the responses to the Requests for

Proposals. Each response will be scored and evaluated by the Committee using the procedures

outlined herein.

2. The selection process consists of two phases of evaluation and scoring.

a. Under the first phase, the Selection Committee will review each proposal and evaluate

based on the scoring provided in this document. A minimum of three (3) top proposers,

provided that three or more proposals were received, will be shortlisted and invited to

interview with the Selection Committee. Respondents will be notified in writing if their

firm has been qualified for Phase II of the evaluation and selection process.

b. The second phase of the evaluation and selection will only be for the Respondents who

are shortlisted in the first phase of the evaluation. The shortlisted firm's interview will

consist of a presentation to the Selection Committee followed by a question and answer

period.

3. Each Category will be scored and when the scores awarded for all Categories are totaled, the

scores will be tabulated and added to achieve the Total Points awarded to each firm. The Total

Points awarded to each firm will be ranked 1,2,3,4, etc. with the highest point total ranked 1,

the next highest points total ranked 2, etc. The ranking of each firm will be tabulated from each

Committee Member and combined with other Committee Members to determine the total score

for the firm.

E. SCORING CRITERIA FOR SUBMITTALS - PHASE 1 (SHORT LIST PROCESS)

The Scoring Criteria is made up of the categories that collectively represent a Grand Total

Point Value of 100 points, as described herein. The points indicated below as "Points Possible"

are the maximum that can be allocated for each category. The point value shall be the basis of

establishing a finalist list of the top-ranking proposals.

EVALUATION CATEGORIES POINTS POSSIBLE

1. Related Experience 35

2. Project Approach 30

3. Construction Services Staff 25



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4. Construction Cost and CM Fee 10

GRAND TOTAL OF POINTS 100 POINTS

1. CATEGORY 1

Related Experience 35 Points Possible

Scoring Criteria

Major consideration will be given to the successful completion of projects comparable in

design, type, and scope, the recommendation of previous Owners and Architects, and other

similar factors. This includes demonstration of the CM firm’s successful history of working

effectively with the Owners; A/E teams; and all stakeholders.

2. CATEGORY 2

Project Approach 30 Points Possible

Scoring Criteria

Consideration will be given to the specific approach the proposer will use to complete the

project on time and within budget. This includes project phasing to minimize impacts on

existing BTV, FAA, Rental Car operations, and utilities; proposed use of CM firm’s own

staff/equipment and use of subcontractors; management practices to ensure continuous,

effective coordination and communication with all stakeholders; method used to process Shop

Drawings submittal; method used monitor and report project schedule and budget status; use

of independent testing services for Quality Control/Quality Assurance; method for monitoring

and controlling on-site daily work.

3. CATEGORY 3

Construction Services Staff 25 Points Possible

Scoring Criteria

Evaluation of the ability and experience of the proposed Project Manager, Superintendent, and

construction services staff with specific attention to project related experience.

4. CATEGORY 4

Project Construction Cost & CM Fee Percentage 10 Points Possible

Scoring Criteria



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Consideration will be given to the estimated construction cost for the project provided by the

CM based on the plans and specifications referenced in this RFP. Consideration will also be

given to the percentage (e.g. xx.x%) of the construction cost that the CM firm will use as the

basis for their fee.

F. SCORING CRITERIA FOR SHORT LISTED PROPOSERS – PHASE 2 (FINAL SELECTION)

The second phase shall consist of an interview and presentation by each finalist in an effort to

further understand the qualifications of the proposing firm. All finalists shall be considered in

equal standing at the beginning of Phase 2. Using the information presented in the firm's written

proposal, finalists will be expected to address the following:

1. Qualifications of the Firm: The firm will be expected to demonstrate its experience

with projects similar in size, scope, and complexity with emphasis on the construction

management process. The firm should share its experiences bringing innovative and

creative input to past projects. The firm shall demonstrate its knowledge of local

conditions, local codes and ordinances, as well as its ability to control the work and

deliver quality workmanship in an effective and timely manner.

2. Proposed Project Staff and Functions: The firm shall name the actual Project

Manager, proposed Superintendent, and other key staff to be assigned to this project,

describe their ability and experience and indicate the function of each within their

organization and their proposed role on this project. The Project Manager and the

proposed Superintendent shall be present for the selection interview.

3. Comprehensive Project Management Services: The firm shall indicate knowledge

and experience in the evaluation of building systems and construction techniques to

create an optimum value in the design and budget requirements. The firm should

demonstrate its plan for performing this project describing the services to be provided

including its method to competitively bid the subcontracts and to establish a GMP and

its cost reporting methods.

The Scoring Criteria is made up of the four (4) Categories that collectively represent a Total

Point Value of 100 points. The total points for each Proposer will be the basis to determine the

Top-Ranking Proposer.

EVALUATION CATEGORIES POINTS POSSIBLE

1. Qualifications of the Firm 40

2. Proposed Project Staff and Functions 30

3. Comprehensive Project Management Services 20

4. Construction Cost and CM Fee 10

GRAND TOTAL OF POINTS 100 POINTS



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SCORING CRITERIA

a. CATEGORY 1 - Qualifications of the Firm 40 Points Possible

The firm's experience in similar projects utilizing the Construction Management

process and other successful related CM projects will be scored.

Recommendations from previous Owners and Architects will be evaluated.

Litigation history will be considered.

b. CATEGORY 2 - Proposed Project Staff and Functions -- 30 Points Possible

The Project Management team's experience with similar projects and with public

projects, and Construction Management experience. Recommendations from

previous Owners and Architects will be evaluated.

c. CATEGORY 3 - Comprehensive Project Management Services -- 20 Points

Possible

The ability and history of the firm and its staff to deliver projects using effective

management tools and techniques will be evaluated. The firm's scheduling

system and cost control system will be evaluated including methods for assuring

subcontractors adherence to schedule. A comparison of the firm's project profile

should indicate their ability to hold to original schedules and budgets.

The firm's approach to establishing a Guaranteed Maximum Price along with

methods of Cost Control and Reporting Systems used will be scored. The firm

should offer an assessment of the established budget for construction.

d. CATEGORY 4 - -10 Points Possible

Project Construction Cost & CM Fee Percentage

Consideration will be given to the estimated construction cost for the project

provided by the CM based on the plans and specifications referenced in this

RFP. Consideration will also be given to the percentage (e.g. xx.x%) of the

construction cost that the CM firm will use as the basis for their fee.

G. AWARD OFCONTRACT

1. The City will conduct negotiations with the highest ranked Respondent to determine the fee

and other requirements. However, if no agreement is reached with the top ranked Respondent,

negotiations will be terminated with the top ranked Respondent and the City will move to the

second ranked Respondent to attempt to reach agreement. If no agreement can be reached with

the second ranked Respondent, the City will move to the third ranked Respondent.



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H. TIME

1. Time is of the essence in all contract documents. The successful Respondent, shall enter into a

Contract with the City, shall commence the work to be performed under the Contract on the

date set by the City in the written notice to proceed, and shall continue the work with due

diligence.

I. REQUIRED FORMS

1. Proposal Certification From

2. Burlington Code of Ordinance Certifications



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PROPOSAL CERTIFICATION FORM

CONSTRUCTION MANAGER AT RISK FOR

CITY OF BURLINGTON,

BURLINGTON INTERNATIONAL AIRPORT

RENTAL CAR QUICK TURNAROUND FACILITY

I hereby certify that I am submitting my company's proposal and understand that by virtue of executing

and returning with this proposal this Proposal Certification Form, I certify that all information is

correct, and I understand the contents and accept the conditions of the Request for Proposal and this

Proposal Certification Form. I further certify that I have read the attached Contract, General

Conditions, and Special Conditions and agree, if awarded this Contract, to the terms and conditions

stated therein, without exception.

Acknowledgment of Supplements:

It is agreed that proposer has received and understands all supplements issued by the City.

The Proposer acknowledges receipt of supplement(s) as follows:

Addendum # dated Addendum _# __dated_____

Addendum # dated Addendum _# __dated______

Statement of Participation in Contracts Subject to Nondiscrimination Clause:

The Proposer shall complete the following statement by checking the appropriate boxes:

The Proposer has ( ) has not ( ) participated in a previous contract subject to the nondiscrimination

clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order 11246.

The Proposer has ( ) has not ( ) submitted all compliance reports in connection with any such contract,

due under the applicable filing requirements; and that representations indicating submission of

required compliance reports signed by proposed subcontractors will be obtained prior to award of

subcontracts.

If the Proposer has participated previously in a contract subject to the nondiscrimination clause and

has not submitted compliance reports due under applicable filing requirements, the Proposer shall

submit a compliance report on Standard Form 100, "Employee Information Report, EE0-1" prior to

the award of the Contract.

PROPOSER (firm name):

PRINT NAME OF AUTHORIZED REPRESENTATIVE:

SIGNATURE OF AUTHORIZED REPRESENTATIVE: _________________________

TITLE: DATE:



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Certification of Compliance with the City of Burlington’s Livable Wage Ordinance

(TO BE SUBMITTED WITH BID)

I, _______________________ , on behalf of ________________(“the Contractor”) in connection with a contract for _______________ services that we provide to the City, hereby certify under oath that the Contractor (and any subcontractors under this contract) is and will remain in compliance with the City of Burlington’s Livable Wage Ordinance, B.C.O. 21-80 et seq., and that (1) as a condition of entering into this contract or grant, we confirm that all covered employees as defined by Burlington’s Livable Wage Ordinance (including the covered employees of subcontractors) shall be paid a livable wage (as determined, or adjusted, annually by the City of Burlington’s chief administrative officer) and provided appropriate time off for the term of the contract; (2) a notice regarding the applicability of the Livable Wage Ordinance shall be posted in the workplace(s) or other location(s) where covered employees work; (3) we will provide verification of an employee’s compensation, produce payroll or health insurance enrollment records or provide other relevant documentation (including that of any subcontractor), as deemed necessary by the chief administrative officer, within ten (10) business days from receipt of a request by the City; (4) we will cooperate in any investigation conducted by the City of Burlington’s City Attorney’s office pursuant to this ordinance; and (5) we will not retaliate (nor allow any subcontractor to retaliate) against an employee or other person because an employee has exercised rights or the person has cooperated in an investigation conducted pursuant to this ordinance. Date____________________________ By:___________________________________________________________

Contractor Subscribed and sworn to before me: Date _____________________________ _____________________________________________________________

Notary



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Certification of Compliance with the City of Burlington’s Outsourcing Ordinance


I, __________________________________, on behalf of __________________________________ (Contractor)

and in connection with the ________________________________________________________________________________

[project], hereby certify under oath that (1) Contractor shall comply with the City of Burlington’s

Outsourcing Ordinance (Ordinance §§ 21-90 – 21-93); and (2) as a condition of entering into this

contract or grant, Contractor confirms that the services provided under the above-referenced

contract will be performed in the United States or Canada.

Dated at ________________________, Vermont this ____ day of __________________, 20____. By:_______________________________________________ Duly Authorized Agent Subscribed and sworn to before me: _______________________________ Notary



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Certification of Compliance with the City of Burlington’s Union Deterrence Ordinance


I, __________________________, on behalf of _____________________________ (Contractor) and in

connection with ________________________________ (City contract/project/grant), hereby certify under

oath that _____________________________ (Contractor) has not advised the conduct of any illegal

activity, and it does not currently, nor will it over the life of the contract advertise or provide

union deterrence services in violation of the City’s union deterrence ordinance.

Dated at _____________________, Vermont this ____ day of __________________, 20____.

By:_______________________________________________ Duly Authorized Agent Subscribed and sworn to before me: _______________________________ Notary



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ATTACHMENT A

Standard Contract Provisions

SECTION 1. INDEMNIFICATION

The Consultant will act in an independent capacity and not as officers or employees of the

Municipality. The Consultant shall indemnify, defend and hold harmless the Municipality and its

officers and employees from liability and any claims, suits, expenses, losses, judgments, and damages

arising as a result of the Consultant’s acts and/or omissions in the performance of this contract.

The Municipality is responsible for its own actions. The Consultant is not obligated to indemnify the

Municipality or its officers, agents and employees for any liability of the Municipality, its officers,

agents and employees attributable to its, or their own, negligent acts, errors or omissions.

In the event the Municipality, its officers, agents or employees are notified of any claims asserted

against it or them to which this Indemnification clause may apply, the Municipality or its officers,

agents and employees shall immediately thereafter notify the Consultant in writing that a claim to

which the Indemnification Agreement may apply has been filed.

SECTION 2. INSURANCE

A. GENERAL: Prior to beginning any work the Consultant shall obtain the following insurance

coverage from an insurance company registered and licensed to do business in the State of Vermont

and having an A.M. Best insurance rating of at least A-, financial size category VII or greater

(www.ambest.com). The certificate of insurance coverage shall be documented on forms acceptable to

the Municipality. Evidence of compliance with minimum limits and coverages, evidenced by a

certificate of insurance showing policies and carriers that are acceptable to the Municipality, must be

received prior to the effective date of the Agreement. The insurance policies shall provide that

insurance coverage cannot be canceled or revised without thirty (30) days prior notice to the

Municipality. In the event that this Contract extends to greater than one year, evidence of continuing

coverage must be submitted to the Municipality on an annual basis. Certified copies of any insurance

policies may be required. Each policy (with the exception of workers compensation) shall name the

Municipality as an additional insured for the possible liabilities resulting from the Consultant’s actions

or omissions. It is agreed that the liability insurance furnished by the Consultant is primary and non-

contributory for all the additional insured.

The Consultant is responsible to verify and confirm in writing to the Municipality that:

(a) All subcontractors, agents or workers meet the minimum coverages and limits plus

maintain current certificates of coverage for all subcontractors, agents or workers.

Subcontractors must comply with the same insurance requirements as the Consultant.

(b) Consultant is required to secure pollution liability coverage or its equivalent, at a limit

no less than $1,000,000 per occurrence/$2,000,000 annual aggregate to include

coverage if hazardous removal is to be removed or transported and Consultant must



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name the Municipality as an additional insured.

(c) All work activities related to the agreement shall meet minimum coverages and limits.

No warranty is made that the coverages and limits listed herein are adequate to cover and protect the

interests of the Consultant for the Consultant’s operations. These are solely minimums that have been

developed and must be met to protect the interests of the Municipality.

B. GENERAL LIABILITY AND PROPERTY DAMAGE:

(a) With respect to all operations performed by the Consultant, subcontractors, agents or

workers, it is the Consultant's responsibility to insure that general liability insurance

coverage provides all major divisions of coverage including, but not limited to:

1. Premises Operations

2. Independent Consultants' Protective

3. Products and Completed Operations

4. Personal Injury Liability

5. Contractual Liability

6. Broad Form Property Damage

7. Medical Expenses

8. Collapse, Underground and Explosion Hazards

(b) The policy shall be on an occurrence form with limits not less than:

1. General Aggregate $2,000,000

2. Products-Completed/Operations Aggregate $2,000,000

3. Personal & Advertising Injury $1,000,000

4. Each Occurrence $1,000,000

5. Fire Damage (any one fire) $250,000

6. Medical Expenses (any one person) $5,000

C. WORKERS’ COMPENSATION: With respect to all operations performed, the Consultant

shall carry workers compensation insurance in accordance with the laws of the State of Vermont and

ensure that all subcontractors carry the same workers’ compensation insurance for all work performed

by them under this contract.

Minimum limits for Employer's Liability:

(a) Bodily Injury by Accident: $500,000 each accident

(b) Bodily Injury by Disease: $500,000 policy limit, $500,000 each employee

D. PROFESSIONAL LIABILITY INSURANCE:

(a) General. The Consultant shall carry architects/engineers professional liability insurance

covering errors and omissions made during their performance of contractile duties with



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the following minimum limits:

$2,000,000 - Annual Aggregate

$1,000,000 - Per Occurrence

(b) Deductibles. The Consultant is responsible for any and all deductibles.

(c) Coverage. Prior to performing any work, the Consultant agrees to provide evidence of

errors and omissions insurance coverage defined under this Section. In addition, the

Consultant agrees to attempt to maintain continuous professional liability coverage for

the period of the agreement and whenever applicable any construction work related to

this agreement, and for a period of five years following substantial completion, if such

coverage is reasonably available at commercially affordable premiums.

E. VALUABLE PAPERS INSURANCE: The Consultant shall carry valuable papers insurance

in a form and amount sufficient to ensure the restoration or replacement of any plans, drawings, field

notes, or other data relating to the work, whether supplied by the Municipality or developed by the

Consultant, subcontractor, worker or agent, in the event of loss, impairment or destruction of these

documents. Such coverage shall remain in force until the final plans, and all related materials, have

been delivered by the Consultant to, and accepted by, the Municipality.

The policy shall provide coverage on an each occurrence basis with limits not less than:

Valuable Papers $10,000

Electronic Data Media $10,000

F. AUTOMOBILE LIABILITY: The Consultant shall carry commercial automobile liability

insurance covering all motor vehicles, including owned, non-owned and hired, used in connection with

the agreement. Each policy shall provide coverage with a limit not less than: $1,000,000 - Combined

Single Limit for each occurrence.

G. UMBRELLA LIABILITY:

$1,000,000 Each Event Limit

$1,000,000 General Aggregate Limit

SECTION 3. COMPLIANCE WITH LAWS

A. GENERAL COMPLIANCE WITH LAWS: The Consultant shall comply with all applicable

Federal, State and local laws, including but not limited to the Burlington Livable Wage, Union

Deterrence and Outsourcing Ordinances where applicable. Certifications must be provided prior to the

commencement of the Agreement.

Provisions of the Agreement shall be interpreted and implemented in a manner consistent with each

other and using procedures that will achieve the intent of both parties. If, for any reason, a provision in

the Agreement is unenforceable or invalid, that provision shall be deemed severed from the



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Agreement, and the remaining provisions shall be carried out with the same force and effect as if the

severed provisions had never been a part of the Agreement.

B. ENVIRONMENTAL REGULATIONS: Any Contract in excess of one hundred thousand

dollars shall comply with all applicable standards, orders or requirements issued under Section 306 of

the Clean Air Act (42 U.S.C. § 1857(h)), Section 508 of the Clean Air Act (33 U.S.C. § 1368),

Executive Order 11738, and Environmental Protection Municipality regulation (40 CFR Part 15), that

prohibit the use, under non-exempt Federal Contracts, grants or loans, of facilities included on the EPA

list of Violating Facilities. The provisions require reporting of violations to the grantor, Municipality

and to the USEPA Assistant Administrator for Enforcement (EN-329).

C. CIVIL RIGHTS and EQUAL EMPLOYMENT OPPORTUNITY: During performance of

the Agreement, the Consultant will not discriminate against any employee or applicant for employment

because of race, age, color, religion, sex, national origin, physical disability or veteran status.

The Consultant shall comply with the applicable provisions of Title VI of the Civil Rights Act of 1964

as amended, Executive Order 11246 as amended by Executive Order 11375 and as supplemented by

the Department of Labor regulations (41 CFR Part 60). The Consultant shall also comply with the

rules, regulations and relevant orders of the Secretary of Labor, Nondiscrimination regulations 49 CFR

§ 21 through Appendix C, and Regulations under 23 CFR § 710.405 (b) . Accordingly, all subcontracts

shall include reference to the above. The Consultant shall comply with all the requirements of Title

21, VSA, Chapter 5, Subchapter 6 and 7, relating to fair employment practices to the extent applicable.

A similar provision shall be included in any and all subcontracts.

D. DEBARMENT CERTIFICATION: When signing an Agreement in excess of twenty five

thousand dollars, the Consultant certifies under the penalty of perjury as directed by Federal laws (48

CFR 52.209-5), that, except as noted in the Agreement, the Consultant or any person associated

therewith in the capacity of owner, partner, director, officer, principal investigator, project director,

manager, auditor, or any position involving the administration of federal funds:

(a) is not currently under suspension, debarment, voluntarily exclusion or determination of

ineligibility by any Federal agency;

(b) has not been suspended, debarred, voluntarily excluded or determined ineligible by any

Federal agency within the past three (3) years;

(c) does not have a proposed debarment pending; and

(d) has not been indicted, convicted, or had a civil judgement rendered against him/her by a

court of competent jurisdiction in any matter involving fraud or official misconduct

within the past three (3) years.

Exceptions will not necessarily result in denial of the Contract but will be considered in determining

the Consultant’s responsibility. The Agreement shall indicate any exception and identify to whom or to

what Municipality it applies and dates of action. Providing false information may result in criminal

prosecution or administrative sanctions.



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E. LOBBYING: For any Agreement exceeding one hundred thousand dollars, the Consultant

certifies by signing the Agreement, that to the best of their knowledge and belief on behalf of their

signature:

(a) No Federal appropriated funds have been paid or will be paid by or to any person

influencing or attempting to influence an officer or employee of a government agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member

of Congress in connection with the awarding of any Federal Contract, the making of

any Federal grant, the making of any Federal loan, the entering into of any cooperative

agreement, or the extension, renewal, amendment or modification of any Federal

Contract grant, loan or cooperative Agreement.

(b) They will complete and submit, in accordance with its instructions, Standard Form-LLL

“Disclosure Form to Report Lobbying,” if any funds, other than Federal appropriated

funds, have been paid or will be paid to any person for influencing or attempting to

influence an officer or employee of a government agency or a Member of Congress in

connection with the Federal Agreement, grant loan, or cooperative Agreement.

(c) They shall require that the language of this Certification be included in the award

documents for all subawards at all tiers (including subcontracts, subgrants and contracts

under grants, loans and cooperative agreements) and that all subrecipients shall certify

and disclose accordingly.

This certification is a material representation of fact, upon which reliance was placed when the

Agreement was made or entered into. Submission of this certification is a prerequisite for making or

entering into the Agreement, imposed by 31 U.S.C. § 1352.

Section 1352 of Title 31, U.S.C., provides, in part, that no appropriated funds may be expended by the

recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing

or attempting to influence an officer or employee of any government agency, Member of Congress,

officer or employee of Congress, or employee of a Member of Congress, in the awarding of any

Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of

any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of

any Federal contract, grant, loan, or cooperative Agreement.

F. CHILD SUPPORT PAYMENTS: By signing the Agreement the Consultant certifies, as of

the date of signing the Agreement, that they are (a) not under an obligation to pay child support; or (b)

is under such an obligation and is in good standing with respect to that obligation; or (c) has agreed to

a payment plan with the Vermont Office of Child Support Services and is in full compliance with that

plan. If the Consultant is a sole proprietorship, the Consultant’s statement applies only to the

proprietor. If the Consultant is a partnership, the Consultant's statement applies to all general partners

with a permanent residence in Vermont. If the Consultant is a corporation, this provision does not

apply.

G. TAX REQUIREMENTS: By signing the Agreement, the Consultant certifies, as required by



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law under 32 V.S.A. § 3113, that under the pains and penalties of perjury, he/she is in good standing

with respect to payment, or in full compliance with a plan to pay, any and all taxes due the State of

Vermont as of the date of signature on the Agreement.

H. ENERGY CONSERVATION: The Consultant shall recognize mandatory standards and

policies relating to energy efficiency that are contained in the State energy conservation plan issued in

compliance with the Energy Policy and Conservation Act P.L. 94-165.

I. FEDERAL AVIATION PROVISIONS: The Consultant must insert these contract provisions

in each lower tier contract (e.g. subcontract or sub-agreement) and incorporate the applicable

requirements of these contract provisions by reference for work done under any purchase orders, rental

agreements and other agreements for supplies or services.

(a) The Consultant agrees to comply with pertinent statutes, Executive Orders and such

rules as are promulgated to ensure that no person shall, on the grounds of race, creed,

color, national origin, sex, age, or disability be excluded from participating in any

activity conducted with or benefiting from Federal assistance.

This provision binds the Consultant and subcontractors from the bid solicitation period

through the completion of the contract. This provision is in addition to that required by

Title VI of the Civil Rights Act of 1964.

(b) Compliance with Nondiscrimination Requirements: During the performance of the

Agreement, the Consultant, for itself, its assignees, and successors in interest

(hereinafter referred to as the “Contractor” for this section), agrees as follows:

i. Compliance with Regulations: The Contractor (hereinafter includes

consultants) will comply with the Title VI List of Pertinent Nondiscrimination

Acts and Authorities, as they may be amended from time to time, which are

herein incorporated by reference and made a part of this contract.

ii. Nondiscrimination: The Contractor, with regard to the work performed by it

during the contract, will not discriminate on the grounds of race, color, or

national origin in the selection and retention of subcontractors, including

procurements of materials and leases of equipment. The Contractor will not

participate directly or indirectly in the discrimination prohibited by the

Nondiscrimination Acts and Authorities, including employment practices when

the contract covers any activity, project, or program set forth in Appendix B of

49 CFR part 21.

iii. Solicitations for Subcontracts, including Procurements of Materials and

Equipment: In all solicitations, either by competitive bidding or negotiation

made by the Contractor for work to be performed under a subcontract, including

procurements of materials, or leases of equipment, each potential subcontractor

or supplier will be notified by the Contractor of the contractor’s obligations

under this contract and the Nondiscrimination Acts and Authorities on the



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grounds of race, color, or national origin.

iv. Information and Reports: The Contractor will provide all information and

reports required by the Acts, the Regulations, and directives issued pursuant

thereto and will permit access to its books, records, accounts, other sources of

information, and its facilities as may be determined by the sponsor or the

Federal Aviation Administration to be pertinent to ascertain compliance with

such Nondiscrimination Acts and Authorities and instructions. Where any

information required of a contractor is in the exclusive possession of another

who fails or refuses to furnish the information, the Contractor will so certify to

the sponsor or the Federal Aviation Administration, as appropriate, and will set

forth what efforts it has made to obtain the information.

v. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance

with the nondiscrimination provisions of this contract, the sponsor will impose

such contract sanctions as it or the Federal Aviation Administration may

determine to be appropriate, including, but not limited to:

1. Withholding payments to the Contractor under the contract until the

Contractor complies; and/or

2. Cancelling, terminating, or suspending a contract, in whole or in part.

vi. Incorporation of Provisions: The Contractor will include the provisions of

paragraphs one through six in every subcontract, including procurements of

materials and leases of equipment, unless exempt by the Acts, the Regulations,

and directives issued pursuant thereto. The Contractor will take action with

respect to any subcontract or procurement as the sponsor or the Federal Aviation

Administration may direct as a means of enforcing such provisions including

sanctions for noncompliance. Provided, that if the Contractor becomes involved

in, or is threatened with litigation by a subcontractor, or supplier because of such

direction, the Contractor may request the sponsor to enter into any litigation to

protect the interests of the sponsor. In addition, the Contractor may request the

United States to enter into the litigation to protect the interests of the United

States.

(c) During the performance of this contract, the Consultant, for itself, its assignees, and

successors in interest (hereinafter referred to in this section as the “Contractor”) agrees

to comply with the following nondiscrimination statutes and authorities; including but

not limited to:

Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252)

(prohibits discrimination on the basis of race, color, national origin);

49 CFR part 21 (Non-discrimination in Federally-assisted programs of the

Department of Transportation—Effectuation of Title VI of the Civil Rights Act of

1964);



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The Uniform Relocation Assistance and Real Property Acquisition Policies Act of

1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose

property has been acquired because of Federal or Federal-aid programs and

projects);

Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended

(prohibits discrimination on the basis of disability); and 49 CFR part 27;

The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.)

(prohibits discrimination on the basis of age);

Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as

amended (prohibits discrimination based on race, creed, color, national origin, or

sex);

The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope,

coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age

Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by

expanding the definition of the terms “programs or activities” to include all of the

programs or activities of the Federal-aid recipients, sub-recipients and contractors,

whether such programs or activities are Federally funded or not);

Titles II and III of the Americans with Disabilities Act of 1990, which prohibit

discrimination on the basis of disability in the operation of public entities, public

and private transportation systems, places of public accommodation, and certain

testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of

Transportation regulations at 49 CFR parts 37 and 38;

The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123)

(prohibits discrimination on the basis of race, color, national origin, and sex);

Executive Order 12898, Federal Actions to Address Environmental Justice in

Minority Populations and Low-Income Populations, which ensures

nondiscrimination against minority populations by discouraging programs, policies,

and activities with disproportionately high and adverse human health or

environmental effects on minority and low-income populations;

Executive Order 13166, Improving Access to Services for Persons with Limited

English Proficiency, and resulting agency guidance, national origin discrimination

includes discrimination because of limited English proficiency (LEP). To ensure

compliance with Title VI, you must take reasonable steps to ensure that LEP

persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

Title IX of the Education Amendments of 1972, as amended, which prohibits you

from discriminating because of sex in education programs or activities (20 USC

1681 et seq).

SECTION 4. CONTRACTUAL AGREEMENTS

A. REGISTRATION: The Consultant agrees to maintain its registration with the Vermont

Secretary of State’s office as a corporation doing business in the State of Vermont at all times this

contract is effective. This registration must be complete prior to contract execution.

B. ADMINISTRATION REQUIREMENTS: By signing the Agreement the Consultant agrees



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to comply with the following provisions and certifies that he/she or they are in compliance with the

provisions of 49 CFR § 18.36 Procurement (i) Contract Provisions with principal reference to the

following:

(a) Copeland “Anti-Kickback” Act. For any Federal-Aid Contracts or subcontracts for

construction or repair, the Consultant agrees to comply with the Copeland "Anti-

Kickback" Act, 18 U.S.C. § 874, as supplemented by Department of Labor Regulations,

29 CFR § 3.

(b) Davis-Bacon Act. For any Federal-Aid construction contracts in excess of $2,000, the

Consultant agrees to comply with the Davis-Bacon Act 40 U.S.C. §§ 276a to a-7, as

supplemented by Department of Labor Regulations, 29 CFR § 5.

(c) Work Hours. For any Federal-Aid construction contracts in excess of $ 2,000, or in

excess of $ 2,500 for other contracts involving employment of mechanics or laborers,

the Consultant agrees to comply with the Contract Working Hours and Safety Standards

Act, 40 U.S.C. §§ 327-330, as annexed by Department of Labor Regulations, 29 CFR §

5.

(d) Proprietary Rights. The parties under the Agreement hereby mutually agree that, if

patentable discoveries or inventions should result from work performed under the

Agreement, all rights accruing from such discoveries or inventions shall be the sole

property of the Consultant. The Consultant, however, agrees to and does hereby grant

to the Municipality, the State of Vermont and the United States Government an

irrevocable, nonexclusive, non-transferable, and royalty-free license to practice each

invention in the manufacture, use, and disposition, according to law, of any article or

material or use of method that may be developed, as a part of the work under the

Agreement.

(e) Publications. All data, EDM, valuable papers and documents produced under the terms

of the Agreement, shall become the property of the Municipality. The Consultant

agrees to allow access to all data, EDM, valuable papers and documents at all times.

The Consultant shall not copyright any material originating under the Agreement

without prior written approval of the Municipality.

C. PERSONNEL REQUIREMENTS AND CONDITIONS: The Consultant shall employ only

qualified personnel, for responsible authority to supervise the work. The Municipality shall have the

right to approve or disapprove key personnel assigned to administer activities related to the

Agreement.

Except with the approval of the Municipality, during the life of the Agreement, the Consultant shall not

employ:

(a) Personnel on the payroll of the Municipality who are directly involved with the

awarding, administration, monitoring, or performance of the Agreement or any

project(s) that are the subjects of the Agreement.



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(b) Any person so involved within one (1) year of termination of employment with the

Municipality.

The Consultant warrants that no company or person has been employed or retained, other than a

bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that no

company or person has been paid or has an agreement with the Consultant to be paid, other than a

bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee,

gift, or any other consideration, contingent upon or resulting from the award or making of the

Agreement. For breach or violation of this warranty, the Municipality shall have the right to annul the

Agreement, without liability to the Municipality, and to regain all costs incurred by the Municipality in

the performance of the Agreement.

The Municipality reserves the right to require removal of any person employed by a Consultant, from

work related to the Agreement, for misconduct, incompetence, or negligence, in the opinion of the

Municipality in the due and proper performance of its duties, or who neglects or refuses to comply

with the requirements of the Agreement.

D. TRANSFERS, SUBLETTING, ETC: A Consultant shall not assign, sublet, or transfer any

interest in the work, covered by an Agreement, without prior written consent of the Municipality and

further, if any subcontractor participates in any work involving additional services, the estimated

extent and cost of the contemplated work must receive prior written consent of the Municipality. The

approval or consent to assign or sublet any portion of the work, shall in no way relieve the Consultant

of responsibility for the performance of that portion of the work so transferred. The form of the

subcontractor’s agreement shall be as developed by the Consultant and approved by the Municipality.

The Consultant shall ensure that adequate insurance coverage exists for any operations to be performed

by any subcontractor.

The services of the Consultant, to be performed under the Agreement, are personal and shall not be

transferred without written authorization of the Municipality. Any authorized subagreements,

exceeding ten thousand dollars in cost, shall contain all of the same provisions specified for and

attached to the original Agreement with the Municipality.

E. BEGINNING AND COMPLETION OF WORK: The Consultant agrees to begin

performance of services, specified in the Agreement, in accordance with the terms of the Agreement,

as arranged in negotiations with the Municipality, or within ten (10) days of the date of written notice

to begin work by the Municipality, and to complete the contracted services by the completion dates

specified in the Agreement.

Upon completion of all services covered under the Agreement and payment of the agreed upon fee, the

Agreement with its mutual obligations shall be terminated.

F. CONTINUING OBLIGATIONS: The Consultant agrees that if, because of death or other

occurrences, it becomes impossible to effectively perform its services in compliance with the

Agreement, neither the Consultant nor its surviving members shall be relieved of their obligations to

complete the Agreement. However, the Municipality may terminate the Agreement if it considers a



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death or incapacity of any members to be a loss of such magnitude that it would affect the firm's ability

to satisfactorily execute the Agreement.

G. OWNERSHIP OF THE WORK: Unless specifically specified otherwise, the Consultant

agrees that the ownership of all studies, data sheets, survey notes, subsoil information, drawings,

tracings, estimates, specifications, proposals, diagrams, calculations, EDM and other material prepared

or collected by the Consultants, hereafter referred to as “instruments of professional service,” shall

become the property of the Municipality as they are prepared and/or developed during execution of the

Agreement.

The Consultant shall surrender to the Municipality upon demand or submit for inspection at any time

any instruments of professional service that have been collected, undertaken or completed by the

Consultant pursuant to the Agreement. Upon completion of the work, in full, these instruments of

professional service will be appropriately endorsed by the Consultant and turned over to the

Municipality.

Data and publication rights to any instruments of service produced under this agreement are reserved

to the Municipality and shall not be copyrighted by the Consultant at any time without written approval

of the Municipality. No publications or publicity of the work, in part or in total, shall be made without

the agreement of the Municipality, except that Consultants may in general terms use previously

developed instruments of professional service to describe its abilities for a project in promotional

materials.

H. RECORDS RETENTION: The Consultant agrees to retain, in company files, all books,

documents, EDM, valuable papers, accounting records, and other evidence, pertaining to costs incurred

for work performed under the Agreement, for a period of at least five (5) years after the final “date of

acceptance” by the Municipality, unless otherwise notified by the Municipality. The Consultant

further agrees that the Municipality, the State of Vermont, and authorized representatives of the

Federal Government, shall have access to all the above information for the purpose of review and audit

during the Agreement period and anytime within the aforementioned retention period. Copies of all

the above referenced information shall be provided to the Municipality if requested.

Any and all records submitted to the Municipality, whether electronic, paper, or otherwise recorded,

are subject to the Vermont Public Records Act. The determination of how those records must be

handled is solely within the purview of BTV. All records considered to be trade secrets, as that term is

defined by subsection 317(c)(9) of the Vermont Public Records Act, shall be identified, as shall all

other records considered to be exempt under the Act. It is not sufficient to merely state generally that a

document or record is proprietary, a trade secret, or otherwise exempt. Particular records, pages or

sections that are believed to be exempt must be specifically identified as such and must be separated

from other records with a convincing explanation and rationale sufficient to justify each exemption

from release consistent with Section 317 of Title 1 of the Vermont Statutes Annotated.

I. APPEARANCES:

(a) Hearings and Conferences. The Consultant shall provide professional services required

by the Municipality and necessary for furtherance of any work covered under the



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Agreement. Professional services shall include appropriate representation at design

conferences, public gatherings and hearings, and appearances before any legislative

body, commission, board, or court, to justify, explain and defend its contractual services

covered under the Agreement.

The Consultant shall perform any liaison that the Municipality deems necessary for the

furtherance of the work and participate in conferences with the Municipality, at any

reasonable time, concerning interpretation and evaluation of all aspects covered under

the Agreement.

The Consultant further agrees to participate in meetings with the Municipality and any

other interested or affected participant, for the purpose of review or resolution of any

conflicts pertaining to the Agreement. The Consultant shall be equitably paid for such

services and for any reasonable expenses incurred in relation thereto in accordance with

the Contract document.

(b) Appearance as Witness. If and when required by the Municipality, the Consultant, or

an appropriate representative, shall prepare and appear for any litigation concerning any

relevant project or related Agreement, on behalf of the Municipality. The Consultant

shall be equitably paid for such services and for any reasonable expenses incurred in

relation thereto, in accordance with the Agreement document.

J. CHANGES AND AMENDMENTS: No changes or amendments of the Agreement shall be

effective unless documented in writing and signed by authorized representatives of the Municipality

and the Consultant.

K. APPENDICES: The Municipality may attach, to these specifications, appendices containing

various forms and typical sample sheets for guidance and assistance to the Consultant in the

performance of the work. It is understood, however, that such forms and samples may be modified,

altered, and augmented from time to time by the Municipality as occasions may require. It is the

responsibility of the Consultant to ensure that they have the latest versions applicable to the

Agreement.

L. EXTENSION OF TIME: The Consultant agrees to prosecute the work continuously and

diligently and no charges or claims for damages shall be made by the Consultant for delays or

hindrances, from any cause whatsoever, during the progress of any portion of services specified in the

Agreement. Such delays or hindrances, if any, may be compensated for by an extension of time for

such reasonable period as the Municipality may decide. Time extensions shall be granted by

amendment, only for excusable delays, such as delays beyond the control of the Consultant and

without the fault or negligence of the Consultant.

M. SETTLEMENTS OF MISUNDERSTANDINGS: In order to prevent misunderstandings and

litigation, it is mutually agreed by all parties that the City Council shall act as referee on all questions

arising under the terms of an Agreement and that the decision of this governing body in such cases

shall be binding upon both parties.



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Agreements subjecting costs to final audit, an administrative review regarding the audit will be sent to

the Consultant. Any dispute arising from an administrative decision shall be appealed in writing

within thirty (30) days of receipt.

N. FAILURE TO COMPLY WITH TIME SCHEDULE: It is mutually understood and agreed

to, that neither party hereto shall be held responsible for delay in performing the work encompassed

herein, when such delay is due to unforeseeable causes such as acts of God, or a public enemy, fire,

strikes, floods, or legal acts of public authorities. In the event that any such causes for delay are of

such magnitude as to prevent the complete performance of the Agreement within two (2) years of the

originally scheduled completion date, either party may by written notice request to amend or terminate

the Agreement.

O. MUNICIPALITY’S OPTION TO TERMINATE: The Agreement may be terminated in

accordance with the following provisions:

(a) Breach of Contract. Administrative remedies - the Municipality reserves the right to

terminate the Agreement for breach of agreement. Termination for breach of the

Agreement will be without further compensation to the Consultant.

(b) Termination for Cause. The Municipality reserves the right, upon written notice to the

Consultant, to terminate the Agreement, as of a date to be specified by the Municipality,

if the Consultant fails to complete the designated work to the satisfaction of the

Municipality, within the time schedule agreed upon. The Consultant shall be

compensated on the basis of the work performed and accepted by the Municipality at

the date of final acceptance of the Agreement.

(c) Termination for Convenience. In addition to its rights and options to terminate an

Agreement as provided herein, the Municipality may, at any time prior to completion of

services specified under an Agreement, terminate the Agreement by submitting written

notice to a Consultant, within not less than fifteen (15) days prior to the effective date,

via certified or registered mail, of its intention to do so. If the termination is for the

Municipality’s convenience, payment to the Consultant will be made promptly for the

amount of any fees earned to the date of the notice of termination, less any payments

previously made. However, if a notice of termination is given to a Consultant prior to

completion of twenty (20) percent of the estimated services, as set forth in the Scope of

Work, the Consultant will be reimbursed for that portion of any reasonable and

necessary expenses incurred to date of the notice of termination, that are in excess of the

amount earned under its approved fee to the date of said termination. Such requests for

reimbursement shall be supported with factual data and shall be subject to the

Municipality’s approval. The Consultant shall make no claim for additional

compensation against the Municipality by reason of such termination.

P. WAIVER: No waiver by City of any breach of or cause to terminate this Agreement by the

Consultant shall constitute a waiver of any subsequent breach by the Consultant, and no delay in

enforcement of any breach or such cause shall be deemed a waiver of that breach or cause.



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SECTION 5. OPERATIONAL STANDARDS

A. RESPONSIBILITY FOR SUPERVISION: The Consultant shall assume primary

responsibility for general supervision of Consultant employees and his/her or their subcontractors for

all work performed under the Agreement and shall be solely responsible for all procedures, methods of

analysis, interpretation, conclusions and contents of work performed under the Agreement.

B. WORK SCHEDULE AND PROGRESS REPORT: Prior to initiating any work, the

Consultant shall prepare, and submit to the Municipality, a general work schedule showing how the

Consultant will complete the various phases of work in order to meet the completion date in the

contract. The Municipality will use this general work schedule to monitor the Consultant.

During the life of the Agreement the Consultant will make monthly progress reports indicating the

work achieved through the date of the report. The Consultant shall link the monthly progress reports to

the general schedule submitted.

The report shall indicate any matters that have or are anticipated to adversely affect progress of the

work. The Municipality may require the Consultant to prepare a revised work schedule, in the event

that a specific progress achievement falls behind the scheduled progress by more than thirty (30) days.

C. UTILITIES: Whenever a facility or component of a private, public, or cooperatively-owned

utility will be affected by any proposed construction, the Consultant will counsel with the

Municipality, plus achieve any necessary contacts and discussions with the affected owners, regarding

any requirement necessary for revisions of facilities or existing installations, both above and below

ground. Any such installations must be completely and accurately exhibited on any detail sheets or

plans. The Consultant shall inform the Municipality, in writing, of any such contacts and the results

thereof.

D. PUBLIC RELATIONS: Whenever it is necessary to perform work in the field, particularly

with respect to reconnaissance, the Consultant will endeavor to maintain good relations with the public

and any affected property owners. Personnel employed by or representing the Consultant shall

conduct themselves with propriety. The Consultant agrees to inform property owners and/or tenants,

in a timely manner, if there is need for entering upon private property as an agent of the Municipality,

in accordance with 19 V.S.A. §§ 35, 503, in order to accomplish the work under the Agreement. The

Consultant agrees that any work will be done with minimum damage to the land and disturbance to the

owner. Upon request of the Consultant, the Municipality shall furnish a letter of introduction to

property owners soliciting their cooperation and explaining that the Consultant is acting as an agent of

the Municipality.

E. INSPECTION OF WORK: The Municipality shall, at all times, have access to the

Consultant’s work for the purposes of inspection, accounting, and auditing, and the Consultant shall

provide whatever access is considered necessary to accomplish such inspections. At any time, the

Consultant shall permit the Municipality or representative for the Municipality the opportunity to

inspect any plans, drawings, estimates, specifications, or other materials prepared or undertaken by the

Consultant pursuant to execution of the Agreement.



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Conferences, visits to a site, or an inspection of the work, may be held at the request of any involved

party or by representatives of the Municipality.

F. WRITTEN DELIVERABLES: Unless specifically specified in the Agreement, written

deliverables, presented under terms of the Agreement, shall be on 8 1/2" by 11" paper, consecutively

printed on both sides. Reports shall be bound and have a title page that identifies the name and number

of the project and publication date. The report shall have a table of contents and each page shall be

numbered successively. Draft reports shall be identified as such.

SECTION 6. PAYMENT FOR SERVICES RENDERED

A. PAYMENT PROCEDURES: Unless specifically specified in the Agreement, the

Municipality shall pay, or cause to be paid to the Consultant or the Consultant’s legal representative,

progress payments, that may be monthly or as otherwise accepted by the Municipality, as determined

by the percentage of work completed, as documented by a progress report of such work duly attested,

for each phase of the required services covered by the Agreement. When applicable, for the type of

payment specified in the Agreement, the progress report shall summarize actual costs and any earned

portion of fixed fee.

All invoices and correspondence shall indicate the applicable project name, project number and the

Agreement number. When relevant, the invoice shall further be broken down in detail between

projects.

When applicable, for the type of payment specified in the Agreement, expenses for meals and travel

shall be limited to the current approved in-state rates, as determined by the State of Vermont’s labor

contract, and need not be receipted. All other expenses are subject to approval by the Municipality and

must be accompanied with documentation to substantiate their charges.

Invoices shall be submitted to the Municipality.

No approval given or payment made under an Agreement, shall be conclusive evidence of the

performance of said Agreement, either wholly or in part thereof, and no payment shall be construed to

be acceptance of defective work or improper materials.

The Municipality agrees to pay the Consultant and the Consultant agrees to accept, as full

compensation, for performance of all services rendered and expenses encompassed in conformance

therewith, the type of fee specified in the Agreement.

B. PAYMENT FOR ADDITIONS OR DELETIONS: The Municipality may, upon written

notice, and without invalidating the Agreement, require any changes to, additions to, or deletions from,

the originally contemplated extent of the work, prior to completion of the Agreement by means of an

amendment to the original contract. Any adjustments of this nature shall be executed under the

appropriate fee established in the Agreement, based on the adjusted quantity of work, except that any

claim for extension of time caused thereby shall be adjusted at the time of ordering such addition or

deletion.



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C. PAYMENT FOR EXTRA WORK, ADDITIONAL SERVICES OR CHANGES: The

Municipality may, upon written notice, and without invalidating the Agreement, require changes

resulting from revision or abandonment of work already performed by the Consultant or changes in the

scope of work.

The value of such changes, to the extent not reflected in other payments to the Consultant, shall be

incorporated in an amendment and be determined by mutual agreement, by one or more of the

following:

(a) Fixed Price. By a price that is not subject to any adjustment on the basis of the

Consultant's expenses experienced in performing the work. The Consultant is fully

responsible for all costs and resulting profit or loss.

(b) Rate Schedule. By unit prices designated in the Agreement, or by unit prices covered

under any subsequent Agreements.

(c) Actual Cost. By amounts determined on the basis of actual costs incurred, as

distinguished from forecasted expenditures.

No changes, for which additional fee payment is claimed, shall be made unless pursuant to a written

order from the Municipality, and no claim shall be valid unless so ordered.

The Consultant agrees to maintain complete and accurate records, in a form satisfactory to the

Municipality for all time devoted directly to same by Consultant employees. The Municipality

reserves the right to audit the records of the Consultant related to any extra work or additional services.

Any such services rendered shall be subject, in all other respects, to the terms of the Agreement. When

changes are so ordered, no additional work shall be performed by the Consultant until an Agreement

amendment has been fully executed, unless written notice to proceed is issued by the Municipality.

Any claim for extension of time, that may be necessitated as a result of extra work or additional

services and changes, shall be given consideration and evaluated insofar as it directly relates to the

change.

REQUEST FOR PROPOSALS CONSTRUCTION … CM RFP - 2.12... · The City of Burlington, Burlington...

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